Minutes. August 12, 2005.

1 NMBEO Meeting Minutes, August 12 – 13, 2005
NEW MEXICO
BOARD OF EXAMINERS IN OPTOMETRY
10: 00 A. M., Friday, August 12 - 13, 2005
Regulation & Licensing Department
Construction Industries Conference Room
5200 Oakland Avenue NE
Albuquerque, New Mexico
REGULAR MEETING
AGENDA
I. CALL TO ORDER – ROLL CALL
II. APPROVAL OF AGENDA
III. APPROVAL OF BOARD MEETING MINUTES – May 15, 2005
IV. OLD BUSINESS
A. Contact Lens ( CL) Issues ( Standing Agenda Item)
1. Pharmacy Board Rule on Contact Lens Seller Registration & Form Review
2. Update Contact Lens Prescription Release Policy
3. Discussion on Plano Lenses & FDA
B. Legislative Issues ( Standing Agenda Item)
V. NEW BUSINESS
A. Extenuating Circumstances Requests
1. Brian K. Deckert, OD
2. David R. Vise, OD
3. Yvonne McCloskey, OD
B. AOA Call for Comments on Core Competencies
VI. FINANCIAL AND ADMINISTRATOR’S REPORT
A. Regulation and Licensing Department Update ( Standing Agenda Item)
B. 2005 Renewal Cycle Report – 292 Renewed
D. FY06 Budget Status Report -
C. FY07 Budget Preparation Cycle
VII. SCHEDULE NEXT MEETING
VIII. EXECUTIVE SESSION
A. OPT Case # 2003- 05: AGO Litigation Division Follow- up
B. OPT Case # 1, 5- 16- 05
C. OPT Case # 2, 6- 14- 05 ( Addendum)
IX. DECISION ON MATTERS DISCUSSED IN EXECUTIVE SESSION
X. RECESS TO ADMINISTER BOARD EXAM
RECONVENE BOARD MEETING @ 7: 00 p. m. on SATURDAY, August 13, 2005
AFTER THE CLINICAL EXAM ADMINISTRATION
EYE INSTITUTE OF ALBUQUERQUE – I25 AND MLK DRIVE
XI. APPROVAL OF EXAM RESULTS
XII. ADJOURN
2 NMBEO Meeting Minutes, August 12 – 13, 2005
NEW MEXICO
BOARD OF EXAMINERS IN OPTOMETRY
REGULAR MEETING
10: 00 A. M., Friday, August 12 - 13, 2005
Regulation & Licensing Department
Construction Industries Conference Room
5200 Oakland Avenue NE
Albuquerque, New Mexico
DRAFT MINUTES
MEMBERS PRESENT: James Simnacher, O. D., Chair
Jane Compton, O. D., Vice- Chair
Richard Zobel, O. D., Secretary/ Treasurer
Thomas Paz, O. D., Professional Member
Ben Martinez, Public Member
MEMBERS ABSENT: Barbara Deaux, Public Member
STAFF PRESENT: Rosemarie Ortiz, Board Administrator
Cynthia Graystone, Administrative Assistant
OTHERS PRESENT: Mona Valicenti, Assistant Attorney General, Civil Division
See Sign- In Sheet
I. CALL TO ORDER – ROLL CALL
At 10: 00 a. m. on Friday, August 12, 2005 Dr. James Simnacher, the Board’s
Chair, called the regular meeting of the New Mexico Board of Examiners in
Optometry to order. The meeting had been properly noticed and upon a roll call it
was determined that there was a quorum present to conduct business.
II. APPROVAL OF MEETING AGENDA
Ben Martinez moved to approve the agenda, which was seconded by Jane
Compton, OD. The motion passed unanimously.
III. APPROVAL OF BOARD MEETING MINUTES- May 15, 2005
Ben Martinez MOVED to approve the minutes as presented. The motion was
SECONDED by Jane Compton, OD. Members of the board expressed a desire to
maintain the format presented by the previous administrator and presented in
verbatim format. Ms. Ortiz stated the minutes were complied via the meeting
tapes in conjunction with notes taken at the meeting. AAG Valicenti stated the
May 2005 meeting was short and the minutes reflected accurately what transpired
at the meeting. The motion PASSED by unanimous approval.
IV. OLD BUSINESS
A. Contact Lens issues ( Standing Agenda Item) - Tom Paz, OD, was late due
to a traffic accident. The Board tabled this issue until Dr. Paz arrived.
1. Pharmacy Board Rule on Contact Lens Seller Registration & Form
Review: Tom Paz, OD reviewed proposed changes to the pharmacy rule
16.19.28 NMAC entitled Seller or Dispenser of Contact Lenses. Tom Paz,
OD, referred to the new definitions in lines 32, 60, and 83. \
3 NMBEO Meeting Minutes, August 12 – 13, 2005
Tom Paz, OD, reported the biggest changes recommended are on the
registration form itself. Ms. Ortiz forwarded the form currently being used by
Pharmacy to all members for comment. Ms. Deaux made some suggestions
clarifying the form which were incorporated into the revisions under
discussion.
Richard Zobel, OD, asked how to address in the statutes that selling of contact
lens in an establishment in which the majority of the establishment income is
not derived from being engaged in that endeavor is prohibited. The law
addresses this issue in two separate places and AAG Valicenti feels very
uncomfortable the way the law is written now. Ben Martinez says the Board
should amend the statute. Chair Simnacher stated that a committee should be
formed and its members to include Dr. Leach, Dr. Paz, Mr. Martinez and
AAG Valicenti and anyone else that wants to participate.
Discussion followed regarding the length of a contact lens prescription and the
difference between the federal and state laws. Tom Paz, OD, informed Board
members that one year makes him sleep better as opposed to two years.
Professional members were in agreement. Ben Martinez would like to meet
and bring this to discussion. Chair Simnacher instructed Ms. Ortiz to include
Richard Montoya in the legislative committee.
AAG Valicenti will send everyone copies of the rules & statutes to review
prior to the committee meeting.
Jane Compton, OD, MOVED to approve changes to 16.19.28. NMAC and
the Contact Lens Seller Registration Form. Ben Martinez SECONDED the
motion. All in members were in favor and the motion, which PASSED. Tom
Paz, OD, asked what needs to be done to prepare for the Pharmacy Board
meeting. Ms. Ortiz indicated that the Board is on the agenda and asked for
final proposals so they can be submitted to the Pharmacy Board prior to their
meeting.
2. Update Contact Lens Prescription Release Policy: Ms. Ortiz placed this
item on the agenda as Ms. Payne had suggested a revision of the form may
be needed. Richard Zobel, OD, asked if the Board should address the
registration issues in the Board’s policy. Chair Simnacher, OD, says he does
not see that there needs to be change.
3. Discussion on Plano Lenses & FDA: AAG Valicenti commented regarding
the proposed contact lens definition and the differences between state and
federal law and FDA makes the distinction between Plano and prescription
contact lens we don’t. AAG Valicenti reported 61.2.1.22 NMSA 1978
defines contact lens to mean “ a lens that can be worn on the interior segment
of the human eye.” This seems to cover any type of lens whether it is
prescription or plano. Jane Compton, OD suggested adding language to
include “ any contact lens as defined by New Mexico law or for which New
Mexico law requires a prescription” and then one can refer to the definition in
the law. Chair Simnacher, OD, informed board members of a place in
Roswell that was not just selling plain old contacts but also prescription
contact lenses. Ben Martinez stated the Board does not have the law behind it
as it is being discussed today and suggested changing the language in New
Mexico law to reflect this accurately.
4 NMBEO Meeting Minutes, August 12 – 13, 2005
B. Legislative Issues ( Standing Agenda Item) No Discussion
V. NEW BUSINESS
A. Extenuating Circumstances Requests
1. Brian K. Deckert, OD- Ben Martinez moved to approve Dr. Derkert’s
extenuating circumstance request for the late renewal fee. Dr. Compton
seconded the motion. Ms. Ortiz explained Dr. Deckert was in transition from
one military base to another and mail correspondence was delivered untimely.
The motion passed unanimously.
2. David R. Vise, OD- Jane Compton moved to waive $ 300.00 penalty Ben
Martinez seconded the motion. Ms. Ortiz informed the Board Dr. Vise
renewed in a timely manner in June of 2005 and left the country. Upon
returning in July of 2005 Dr. Vise received a letter from the board office
indicating a check in the amount of $ 225 was not submitted. Dr. Vise
provided proof he was out of the country. The motion passed unanimously.
3. Yvonne McCloskey, OD- Ben Martinez moved to waive the late fee for Dr.
McCloskey and Dr. Menekis. Dr. Zobel seconded the motion. Ms. Ortiz
informed the Board Drs. McCloskey and Menekis’ renewals and checkbook
were in a briefcase that was stolen. Ben Martinez stated he would like to see a
police report or proof of the checks’ cancellation as he does not know the
doctors personally. Mr. Martinez stated the previous exception requests
submitted documentation supporting their situation and would like the same
from Drs. McCloskey and Menekis. Dr. Sinmacker will follow up on a police
report or proof of theft. Dr. Sinmacker stated that he would vouch for Drs.
McCloskey and Menekis. Motion passed.
B. AOA call for Comments on Core Competencies- Dr. Simnacher recommended
no comment be given to the AOA on this matter. Dr. Zobel asked why this is
a Board matter. Ms. Ortiz stated that it was correspondence relative to
“ optometry” and was presented to the board for comment and/ or review.
VI. FINANCIAL AND ADMINISTRATOR’S REPORT
A. RLD Update – Ms. Ortiz briefly reported on board activity since the last board
meeting. The Board will hold its exams on August 13, 2005. The FY2007
budget appropriation request has been submitted and has slightly increased
due to the reorganization of the BCS division. The Board’s strategic plan was
due on August 11, 2005 and Ms. Ortiz consulted with Ms. Payne. Ms. Payne
was gracious enough to assist in the preparation of the strategic plan. With
Ms. Payne’s long history with the board, the Board’s strategic plan was
submitted with no changes from last year.
Ben Martinez asked whether Ms. Ortiz is permanently assigned to this board,
which she is. Ms. Ortiz also manages the Acupuncture and Oriental Medicine
Board.
Chair Simnacher asked if there was a glitch in compiling questions in the
exam software. Ms. Ortiz reported there was one in one team’s category and
question. Luckily Ms. Payne and Ms. Ortiz had addressed the matter before
providing the examiners with completed exam packets as one category and
question was missing from the report prepared by the exam system. Ernie
Patterson was informed of this problem.. As Mr. Patterson has remote access
5 NMBEO Meeting Minutes, August 12 – 13, 2005
to Ms. Ortiz’ PC he can manipulate the exam software if need be. Chair
Simnacher asked and was told that money was available should Mr. Patterson
need to come to New Mexico. Jane Compton, OD, asked if the recent
omissions were fixed for this year’s exam. Chair Simnacher stated that Mr.
Patterson is a unique individual who helps at the national level and is a
valuable resource.
B. 2005 Renewal Cycle Report – The August 12, 2005 Licensee Listing Report
was referenced. There were 15 Optometrist that had not renewed excluding the 3
licensees with the extenuating circumstances so there are 12 expired optometrists.
These expired licensees can reapply under the reinstatement rule. Chair
Simnacher indicated the Board will pick up about $ 1500 in late fees.
C. FY 06 Budget Status Report – Right now Ms. Ortiz is working on when Mr.
Patterson can come to New Mexico so the Board can initiate contractual
employment. Total appropriation for 2006 is $ 66,200 with $ 5,700 in contractual
services.
D. FY07 Budget Preparation Cycle – The FY07 budget was prepared and
submitted to RLD on August 5, 2005, which was based on FY05 Actuals. There
was a minimal increase due in part to the reorganization of the Board’s and
Commissions Division. Personnel and Benefits were reallocated which affected
the Board’s operating budget.
VII. SCHEDULE NEXT MEETING: – January 14th ( Tentative) in Santa Fe @
10: 00AM
VIII. EXECUTIVE SESSION pursuant to § 10- 15- 1( H)( 1) through ( 3) to discuss
complaints, licensing matters and issuance of notices of contemplated action, to
deliberate in connection with administrative disciplinary hearings, to discuss
pending or threatened litigation or updates on pending cases. Roll was conducted.
Members present include Chairman Simnacher, Dr. Compton, Dr. Zobel, Dr. Paz,
and Mr. Martinez.
IX. DECISION ON MATTERS DISCUSSED IN EXECUTIVE SESSION
A. OPT Case # 2003- 05: AGO Litigation Division Follow- up – Jane Compton,
OD, made a motion to strike section C paragraph 4 & 5 paragraph 7 remove
first sentence during this enforcement period. Send the draft back to Andersen
Clipper to try and resolve this matter. Ben Martinez SECONDED the motion,
which PASSED with Dr. Simnacher abstaining.
B. OPT Case # 1, 5- 16- 05 – Ben Martinez MOVED to accept the
recommendation of the lead investigator on the case and closed the matter,
SECONDED by Jane Compton, OD, all members were in favor motion. The
motion PASSED, unanimously.
C. OPT Case # 2, 6- 14- 05- Ben Martinez MOVED that a letter be sent to this
individual indicating the board has no jurisdiction and should refer the matter
to magistrate court. Jane Compton, OD, SECONDED the motion and all
members were in favor. The motion PASSED, unanimously.
6 NMBEO Meeting Minutes, August 12 – 13, 2005
X. RECESS TO ADMINISTER BOARD EXAM - Chair Simnacher MOVED to
recess the meeting to administer the Board’s exam. Ben Martinez SECONDED the
motion, which PASSED unanimously.
RECONVENE BOARD MEETING @ 6: 35 p. m. on SATURDAY, August 13, 2005
AFTER THE CLINICAL EXAM ADMINISTRATION
EYE INSTITUTE OF ALBUQUERQUE – I25 AND MLK DRIVE
Roll Call: Board Members present included Dr. Sinmacker, Dr Compton, Dr. Paz, Dr.
Zobel. Dr. Leach Chief Examiner, Rosemarie L. Ortiz and Cynthia Graystone were
present as well.
Ms. Ortiz read into the record the exam results of the Clinical Practicum Examination
proctored on August 13, 2005. They are as follows:
1. Loren M. Beek--- Pass
2. Jason A. Bratcher--- Pass
3. Amy croteau--- Pass
4. Clayton Michael Davis--- Failed
5. Martin A. Doll--- Pass
6. Angela Nicole Morgan--- Pass
7. Jared C. Olson--- Pass
8. Kendra Deon Powell---- Pass
9. Sommer Austin Ray--- Pass
10. Jesses E. Sowards--- Pass
Jane Compton, OD, MOVED to approve the exam results. Chair Simnacher, OD,
SECONDED the motion; all members present were in favor of the motion. The motion
PASSED.
X. ADJOURN Dr. Compton MOVED TO ADJOURN the meeting. All were in
favor. The meeting was adjourned at 7: 15p. m.
Respectfully submitted by: Rosemarie L. Ortiz, Board Director
Approved by the Board on October 13, 2005
Accepted by: James Simnacher, O. D and Board Chair on February 14, 2006

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Description based on: Jan. 13, 1996; title from caption.; Harvested from the web on 3/1/06

Transcript

1 NMBEO Meeting Minutes, August 12 – 13, 2005
NEW MEXICO
BOARD OF EXAMINERS IN OPTOMETRY
10: 00 A. M., Friday, August 12 - 13, 2005
Regulation & Licensing Department
Construction Industries Conference Room
5200 Oakland Avenue NE
Albuquerque, New Mexico
REGULAR MEETING
AGENDA
I. CALL TO ORDER – ROLL CALL
II. APPROVAL OF AGENDA
III. APPROVAL OF BOARD MEETING MINUTES – May 15, 2005
IV. OLD BUSINESS
A. Contact Lens ( CL) Issues ( Standing Agenda Item)
1. Pharmacy Board Rule on Contact Lens Seller Registration & Form Review
2. Update Contact Lens Prescription Release Policy
3. Discussion on Plano Lenses & FDA
B. Legislative Issues ( Standing Agenda Item)
V. NEW BUSINESS
A. Extenuating Circumstances Requests
1. Brian K. Deckert, OD
2. David R. Vise, OD
3. Yvonne McCloskey, OD
B. AOA Call for Comments on Core Competencies
VI. FINANCIAL AND ADMINISTRATOR’S REPORT
A. Regulation and Licensing Department Update ( Standing Agenda Item)
B. 2005 Renewal Cycle Report – 292 Renewed
D. FY06 Budget Status Report -
C. FY07 Budget Preparation Cycle
VII. SCHEDULE NEXT MEETING
VIII. EXECUTIVE SESSION
A. OPT Case # 2003- 05: AGO Litigation Division Follow- up
B. OPT Case # 1, 5- 16- 05
C. OPT Case # 2, 6- 14- 05 ( Addendum)
IX. DECISION ON MATTERS DISCUSSED IN EXECUTIVE SESSION
X. RECESS TO ADMINISTER BOARD EXAM
RECONVENE BOARD MEETING @ 7: 00 p. m. on SATURDAY, August 13, 2005
AFTER THE CLINICAL EXAM ADMINISTRATION
EYE INSTITUTE OF ALBUQUERQUE – I25 AND MLK DRIVE
XI. APPROVAL OF EXAM RESULTS
XII. ADJOURN
2 NMBEO Meeting Minutes, August 12 – 13, 2005
NEW MEXICO
BOARD OF EXAMINERS IN OPTOMETRY
REGULAR MEETING
10: 00 A. M., Friday, August 12 - 13, 2005
Regulation & Licensing Department
Construction Industries Conference Room
5200 Oakland Avenue NE
Albuquerque, New Mexico
DRAFT MINUTES
MEMBERS PRESENT: James Simnacher, O. D., Chair
Jane Compton, O. D., Vice- Chair
Richard Zobel, O. D., Secretary/ Treasurer
Thomas Paz, O. D., Professional Member
Ben Martinez, Public Member
MEMBERS ABSENT: Barbara Deaux, Public Member
STAFF PRESENT: Rosemarie Ortiz, Board Administrator
Cynthia Graystone, Administrative Assistant
OTHERS PRESENT: Mona Valicenti, Assistant Attorney General, Civil Division
See Sign- In Sheet
I. CALL TO ORDER – ROLL CALL
At 10: 00 a. m. on Friday, August 12, 2005 Dr. James Simnacher, the Board’s
Chair, called the regular meeting of the New Mexico Board of Examiners in
Optometry to order. The meeting had been properly noticed and upon a roll call it
was determined that there was a quorum present to conduct business.
II. APPROVAL OF MEETING AGENDA
Ben Martinez moved to approve the agenda, which was seconded by Jane
Compton, OD. The motion passed unanimously.
III. APPROVAL OF BOARD MEETING MINUTES- May 15, 2005
Ben Martinez MOVED to approve the minutes as presented. The motion was
SECONDED by Jane Compton, OD. Members of the board expressed a desire to
maintain the format presented by the previous administrator and presented in
verbatim format. Ms. Ortiz stated the minutes were complied via the meeting
tapes in conjunction with notes taken at the meeting. AAG Valicenti stated the
May 2005 meeting was short and the minutes reflected accurately what transpired
at the meeting. The motion PASSED by unanimous approval.
IV. OLD BUSINESS
A. Contact Lens issues ( Standing Agenda Item) - Tom Paz, OD, was late due
to a traffic accident. The Board tabled this issue until Dr. Paz arrived.
1. Pharmacy Board Rule on Contact Lens Seller Registration & Form
Review: Tom Paz, OD reviewed proposed changes to the pharmacy rule
16.19.28 NMAC entitled Seller or Dispenser of Contact Lenses. Tom Paz,
OD, referred to the new definitions in lines 32, 60, and 83. \
3 NMBEO Meeting Minutes, August 12 – 13, 2005
Tom Paz, OD, reported the biggest changes recommended are on the
registration form itself. Ms. Ortiz forwarded the form currently being used by
Pharmacy to all members for comment. Ms. Deaux made some suggestions
clarifying the form which were incorporated into the revisions under
discussion.
Richard Zobel, OD, asked how to address in the statutes that selling of contact
lens in an establishment in which the majority of the establishment income is
not derived from being engaged in that endeavor is prohibited. The law
addresses this issue in two separate places and AAG Valicenti feels very
uncomfortable the way the law is written now. Ben Martinez says the Board
should amend the statute. Chair Simnacher stated that a committee should be
formed and its members to include Dr. Leach, Dr. Paz, Mr. Martinez and
AAG Valicenti and anyone else that wants to participate.
Discussion followed regarding the length of a contact lens prescription and the
difference between the federal and state laws. Tom Paz, OD, informed Board
members that one year makes him sleep better as opposed to two years.
Professional members were in agreement. Ben Martinez would like to meet
and bring this to discussion. Chair Simnacher instructed Ms. Ortiz to include
Richard Montoya in the legislative committee.
AAG Valicenti will send everyone copies of the rules & statutes to review
prior to the committee meeting.
Jane Compton, OD, MOVED to approve changes to 16.19.28. NMAC and
the Contact Lens Seller Registration Form. Ben Martinez SECONDED the
motion. All in members were in favor and the motion, which PASSED. Tom
Paz, OD, asked what needs to be done to prepare for the Pharmacy Board
meeting. Ms. Ortiz indicated that the Board is on the agenda and asked for
final proposals so they can be submitted to the Pharmacy Board prior to their
meeting.
2. Update Contact Lens Prescription Release Policy: Ms. Ortiz placed this
item on the agenda as Ms. Payne had suggested a revision of the form may
be needed. Richard Zobel, OD, asked if the Board should address the
registration issues in the Board’s policy. Chair Simnacher, OD, says he does
not see that there needs to be change.
3. Discussion on Plano Lenses & FDA: AAG Valicenti commented regarding
the proposed contact lens definition and the differences between state and
federal law and FDA makes the distinction between Plano and prescription
contact lens we don’t. AAG Valicenti reported 61.2.1.22 NMSA 1978
defines contact lens to mean “ a lens that can be worn on the interior segment
of the human eye.” This seems to cover any type of lens whether it is
prescription or plano. Jane Compton, OD suggested adding language to
include “ any contact lens as defined by New Mexico law or for which New
Mexico law requires a prescription” and then one can refer to the definition in
the law. Chair Simnacher, OD, informed board members of a place in
Roswell that was not just selling plain old contacts but also prescription
contact lenses. Ben Martinez stated the Board does not have the law behind it
as it is being discussed today and suggested changing the language in New
Mexico law to reflect this accurately.
4 NMBEO Meeting Minutes, August 12 – 13, 2005
B. Legislative Issues ( Standing Agenda Item) No Discussion
V. NEW BUSINESS
A. Extenuating Circumstances Requests
1. Brian K. Deckert, OD- Ben Martinez moved to approve Dr. Derkert’s
extenuating circumstance request for the late renewal fee. Dr. Compton
seconded the motion. Ms. Ortiz explained Dr. Deckert was in transition from
one military base to another and mail correspondence was delivered untimely.
The motion passed unanimously.
2. David R. Vise, OD- Jane Compton moved to waive $ 300.00 penalty Ben
Martinez seconded the motion. Ms. Ortiz informed the Board Dr. Vise
renewed in a timely manner in June of 2005 and left the country. Upon
returning in July of 2005 Dr. Vise received a letter from the board office
indicating a check in the amount of $ 225 was not submitted. Dr. Vise
provided proof he was out of the country. The motion passed unanimously.
3. Yvonne McCloskey, OD- Ben Martinez moved to waive the late fee for Dr.
McCloskey and Dr. Menekis. Dr. Zobel seconded the motion. Ms. Ortiz
informed the Board Drs. McCloskey and Menekis’ renewals and checkbook
were in a briefcase that was stolen. Ben Martinez stated he would like to see a
police report or proof of the checks’ cancellation as he does not know the
doctors personally. Mr. Martinez stated the previous exception requests
submitted documentation supporting their situation and would like the same
from Drs. McCloskey and Menekis. Dr. Sinmacker will follow up on a police
report or proof of theft. Dr. Sinmacker stated that he would vouch for Drs.
McCloskey and Menekis. Motion passed.
B. AOA call for Comments on Core Competencies- Dr. Simnacher recommended
no comment be given to the AOA on this matter. Dr. Zobel asked why this is
a Board matter. Ms. Ortiz stated that it was correspondence relative to
“ optometry” and was presented to the board for comment and/ or review.
VI. FINANCIAL AND ADMINISTRATOR’S REPORT
A. RLD Update – Ms. Ortiz briefly reported on board activity since the last board
meeting. The Board will hold its exams on August 13, 2005. The FY2007
budget appropriation request has been submitted and has slightly increased
due to the reorganization of the BCS division. The Board’s strategic plan was
due on August 11, 2005 and Ms. Ortiz consulted with Ms. Payne. Ms. Payne
was gracious enough to assist in the preparation of the strategic plan. With
Ms. Payne’s long history with the board, the Board’s strategic plan was
submitted with no changes from last year.
Ben Martinez asked whether Ms. Ortiz is permanently assigned to this board,
which she is. Ms. Ortiz also manages the Acupuncture and Oriental Medicine
Board.
Chair Simnacher asked if there was a glitch in compiling questions in the
exam software. Ms. Ortiz reported there was one in one team’s category and
question. Luckily Ms. Payne and Ms. Ortiz had addressed the matter before
providing the examiners with completed exam packets as one category and
question was missing from the report prepared by the exam system. Ernie
Patterson was informed of this problem.. As Mr. Patterson has remote access
5 NMBEO Meeting Minutes, August 12 – 13, 2005
to Ms. Ortiz’ PC he can manipulate the exam software if need be. Chair
Simnacher asked and was told that money was available should Mr. Patterson
need to come to New Mexico. Jane Compton, OD, asked if the recent
omissions were fixed for this year’s exam. Chair Simnacher stated that Mr.
Patterson is a unique individual who helps at the national level and is a
valuable resource.
B. 2005 Renewal Cycle Report – The August 12, 2005 Licensee Listing Report
was referenced. There were 15 Optometrist that had not renewed excluding the 3
licensees with the extenuating circumstances so there are 12 expired optometrists.
These expired licensees can reapply under the reinstatement rule. Chair
Simnacher indicated the Board will pick up about $ 1500 in late fees.
C. FY 06 Budget Status Report – Right now Ms. Ortiz is working on when Mr.
Patterson can come to New Mexico so the Board can initiate contractual
employment. Total appropriation for 2006 is $ 66,200 with $ 5,700 in contractual
services.
D. FY07 Budget Preparation Cycle – The FY07 budget was prepared and
submitted to RLD on August 5, 2005, which was based on FY05 Actuals. There
was a minimal increase due in part to the reorganization of the Board’s and
Commissions Division. Personnel and Benefits were reallocated which affected
the Board’s operating budget.
VII. SCHEDULE NEXT MEETING: – January 14th ( Tentative) in Santa Fe @
10: 00AM
VIII. EXECUTIVE SESSION pursuant to § 10- 15- 1( H)( 1) through ( 3) to discuss
complaints, licensing matters and issuance of notices of contemplated action, to
deliberate in connection with administrative disciplinary hearings, to discuss
pending or threatened litigation or updates on pending cases. Roll was conducted.
Members present include Chairman Simnacher, Dr. Compton, Dr. Zobel, Dr. Paz,
and Mr. Martinez.
IX. DECISION ON MATTERS DISCUSSED IN EXECUTIVE SESSION
A. OPT Case # 2003- 05: AGO Litigation Division Follow- up – Jane Compton,
OD, made a motion to strike section C paragraph 4 & 5 paragraph 7 remove
first sentence during this enforcement period. Send the draft back to Andersen
Clipper to try and resolve this matter. Ben Martinez SECONDED the motion,
which PASSED with Dr. Simnacher abstaining.
B. OPT Case # 1, 5- 16- 05 – Ben Martinez MOVED to accept the
recommendation of the lead investigator on the case and closed the matter,
SECONDED by Jane Compton, OD, all members were in favor motion. The
motion PASSED, unanimously.
C. OPT Case # 2, 6- 14- 05- Ben Martinez MOVED that a letter be sent to this
individual indicating the board has no jurisdiction and should refer the matter
to magistrate court. Jane Compton, OD, SECONDED the motion and all
members were in favor. The motion PASSED, unanimously.
6 NMBEO Meeting Minutes, August 12 – 13, 2005
X. RECESS TO ADMINISTER BOARD EXAM - Chair Simnacher MOVED to
recess the meeting to administer the Board’s exam. Ben Martinez SECONDED the
motion, which PASSED unanimously.
RECONVENE BOARD MEETING @ 6: 35 p. m. on SATURDAY, August 13, 2005
AFTER THE CLINICAL EXAM ADMINISTRATION
EYE INSTITUTE OF ALBUQUERQUE – I25 AND MLK DRIVE
Roll Call: Board Members present included Dr. Sinmacker, Dr Compton, Dr. Paz, Dr.
Zobel. Dr. Leach Chief Examiner, Rosemarie L. Ortiz and Cynthia Graystone were
present as well.
Ms. Ortiz read into the record the exam results of the Clinical Practicum Examination
proctored on August 13, 2005. They are as follows:
1. Loren M. Beek--- Pass
2. Jason A. Bratcher--- Pass
3. Amy croteau--- Pass
4. Clayton Michael Davis--- Failed
5. Martin A. Doll--- Pass
6. Angela Nicole Morgan--- Pass
7. Jared C. Olson--- Pass
8. Kendra Deon Powell---- Pass
9. Sommer Austin Ray--- Pass
10. Jesses E. Sowards--- Pass
Jane Compton, OD, MOVED to approve the exam results. Chair Simnacher, OD,
SECONDED the motion; all members present were in favor of the motion. The motion
PASSED.
X. ADJOURN Dr. Compton MOVED TO ADJOURN the meeting. All were in
favor. The meeting was adjourned at 7: 15p. m.
Respectfully submitted by: Rosemarie L. Ortiz, Board Director
Approved by the Board on October 13, 2005
Accepted by: James Simnacher, O. D and Board Chair on February 14, 2006